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brayton_headshot_wre_1443.jpg Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of Michigan Citizens for Science and co-founder of The Panda's Thumb. He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media and the host of Declaring Independence, a one hour weekly political talk show on WPRR in Grand Rapids, Michigan.(static)

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« More Lies from Expelled Producers | Main | Ewing on Civil Forfeiture Laws »

Ten Commandments Judge Strikes Again

Posted on: March 24, 2008 9:30 AM, by Ed Brayton

For those who aren't familiar with him, let me introduce you to Ashley McKathan, circuit judge of Covington County, Alabama. The man makes Roy Moore look sane by comparison. This is a guy who is absolutely obsessed with using his position of authority to push his religion on others. Here's his latest attempt:

Witnesses said the presiding judge, Covington County Circuit Judge M. Ashley McKathan, told some 100 people, including members of the Morning Star Missionary Baptist Church and other spectators and officials gathered for a conference regarding the church records case, to join hands in a circle as he prayed.

At one point, witnesses said, the judge fell to his knees.

He was presiding over a court case, a lawsuit involving church records. And he demanded that the two sides get together and pray over the case in the courtroom when he was supposed to be presiding over a court conference. This is the same judge, you might recall, who for quite some time presided over cases while wearing a robe with the ten commandments sewn on it. The law prof cited in the article has it exactly right:

University of Alabama Associate Professor Paul Horwitz, a specialist in law and religion, said McKathan may have had good intentions, but his actions in calling the parties to prayer were "clearly improper."

McKathan may have thought all in the courtroom consented, but because he was the arbiter, many may have felt compelled to participate even if they did not want to, Horwitz said.

"Even if they all consented," Horwitz said, "it is inappropriate for a judge to act in an overtly religious way in any case, but especially in one that raises religious issues. The parties need a neutral and impartial arbiter."

At least one person present for the prayer didn't consent to it and that person contacted the ACLU. I think it's time for a little of that "pressure and intimidation" their enemies accuse them of using so often.

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Comments

1

He clearly violated the #1 Commandment: Don't Get Caught.

I think he's down with breaking: "Thou Shalt Not Be A Total Moron" also.

Posted by: J-Dog | March 24, 2008 10:09 AM

2

Oh jeez, I grew up in Covington County. I'm really glad I'm not there now. Of course, If I were still there, maybe I'd have standing to be involved in the case.

Posted by: Godless Geek | March 24, 2008 10:12 AM

3

Why aren't assholes like this fired?

Posted by: writerdd | March 24, 2008 10:53 AM

4

Doubtless there will be "religious rights" defenders that will claim that the good judge has the right to express his religious beliefs in his court room. I think this demonstrates that if you don't impose a strict separation interpretation of the first amendments establishment clause these types of abuses are inevitable.

Of course this is just fine with most religious folks and as long as John Roberts, Samuel Alito, Clarence Thomas, and Antonin Scalia are on the bench and can get one other justice to join them it is doubtful anything can be done about it.

Posted by: Lance | March 24, 2008 11:15 AM

5

Sure he wasn't preparing to give a blow-job?
No I suppose not, given all Right-wing Christian jesusnuts are "completely hetrosexual" nowadays. -DJ

Posted by: DingoJack | March 24, 2008 11:35 AM

6

I'm an agnostic, and last night I had Easter dinner with family, extended family, and others in Colorado Springs. We all held hands and prayed. Well, I didn't pray, I actually bowed my head, closed my eyes, and thought about how much I would like to do the great looking blonde next to me, whom, I might add, used to work for Focus on the Family. That said, I was just being polite. But I'm an adult, and these aren't government officials, so no harm no foul. I also know that I wasn't the only less than devout person there, and I strongly suspect one the scientists there believes religion is a steaming heap. I would have felt incredibly awkward in the situation you write about.

Posted by: soboco | March 24, 2008 1:34 PM

7

No wonder people do not want to go to church other than the ones who grew up in it! Ashamed to call myself a Christian in public yet again.

Posted by: King of Ireland | March 24, 2008 1:40 PM

8

The people in that courtroom were lucky. The judge could have ordered that the arm of the defendant be thrust into boiling water to see if God would protect it from blistering, thus showing him innocent.

If you're really serious about bringing God into the courtroom, you have to let Him be the judge.

Posted by: Sastra | March 24, 2008 1:47 PM

9

McKathan should just quit the bench and become a minister. It's obviously the job he really wants.

Posted by: CHV | March 24, 2008 2:23 PM

10

I think that we need to be very careful what we say about this, folks, lest it be pointed out to us again that we just can't possibly understand the language and culture of the black church, and that we don't have a clue about what is going on here between the secretary and the preacher, and that we need to leave it to God and the good judge to sort things out. Amen.

Posted by: Elizabeth | March 24, 2008 2:51 PM

11

3/24/1989 - The tanker Exxon Valdez spilled more than 10 million gallons of oil into Prince William Sound ,Alaska , causing one of the most devastating man-made environmental disasters at sea.

"Heaven for climate. Hell for society."
        - Mark Twain

One man's religion is another man's bellylaugh.
        - Robert A. Heinlein,

When I was a kid I used to pray every night for a new bike.  Then I realised that The Lord doesn't work that way, so I stole one and asked him to forgive me.
        - Peter Kay

"The President said that God told him to invade Iraq. You see that's what happens when you mix New Testament and Old Milwaukee."
        - Bill Maher

Posted by: wingtip | March 24, 2008 5:05 PM

12

Does anyone know of someone capable of good investigative journalism? I need some help in finding out who has contributed major money to Fred Phelps or his church. Thanks.

Posted by: Ed | March 25, 2008 1:13 AM

13

Ed -

Lawsuits. The Phelps clan includes several lawyers, the wrong reverend himself included.

Posted by: DuWayne | March 25, 2008 12:39 PM

14

Thanks for the advice DuWayne. However the reason I want the info issn't to attack anyone. I heard a certain person I am acquanted with provides Phelps with major funding. I merely wished to not associate with that person if it's true. I certainly woudn't publish it, though if I can find out, it must be public record. Are the individual IRS filings of corporate CEO's public record?

Posted by: Ed | March 25, 2008 4:13 PM

15

Ed asked:

Are the individual IRS filings of corporate CEO's public record?

Nobody's IRS filings are public records unless they voluntarily release them. Even then, you only see what they chose to release, not the whole of the record.

As I doubt the Phelps' raise money as a 503(c) corporation, their records are not likely to be public.

Posted by: kehrsam | March 25, 2008 4:44 PM

16

Ed,
I believe that DuWayne was saying he doubts there are any contributors. The Phelps get there money from lawsuits - lots of them.

Posted by: Kelly | March 28, 2008 4:27 PM

17

Ed,
I believe that DuWayne was saying he doubts there are any contributors. The Phelps get their money from lawsuits - lots of them.

Posted by: Kelly | March 28, 2008 4:27 PM

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